On September 29, 2015, McCuneWright, LLP, along with another firm, filed a class action complaint against Volkswagen Group of America, Inc., and its CEO Michael Horn for continuing to sell diesel models even after they were aware that these vehicles were equipped with software to circumvent emissions testing. McCuneWright class representative, Amy Bergrud, purchased a 2015 VW Passat 2.0L diesel on the evening of September 17, 2015, two weeks after Volkswagen Group of America representatives admitted the fraudulent scheme to regulators. In Amy Bergrud’s case, her $31,000 cash purchase of her Passat came less than 12 hours before the EPA and CARB issued press releases disclosing Volkswagen’s fraud. Despite the fact that Michael Horn, along with his full leadership team, knew of the fraudulent scheme for weeks, and likely months, before the story became public, they and the Volkswagen dealers across the country continued to sell these diesel models spewing illegal levels of emissions until after the story was made public by regulators. The complaint is seeking rescission of sales contracts, along with compensatory and punitive damages.

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